Facts

On Jan. 15, 2013, at 12:30 a.m., a friend placed Simon Chavez, 22, into a taxicab. Chavez had been drinking at the Uptown Lounge in Santa Barbara and his blood alcohol content was later determined to be .256, three times above the legal limit. Defendant Absolute Cab LLC owned the cab that Chavez was placed in. It was being driven by one of Absolute's two owners, Thomas Rhyne, 43. Rhyne knew that Chavez was highly intoxicated. Chavez' friend paid for the ride home and Rhyne drove away with Chavez as his only passenger. Rhyne then took city streets to get Chavez home, and stopped for a red light at the intersection of De La Vina St. and Carrillo St. Rhyne had nearly a mile left to get Chavez home.

With the cab stopped, Chavez tried to get out of the cab to throw up. Rhyne unlocked and opened the door remotely from his driver's seat. Chavez then got out of the cab, stumbled across open lanes of traffic, tripped on the curb to the sidewalk of De La Vina, got back up, stood on the sidewalk, and appeared to vomit. Rhyne shouted at Chavez to return to the cab. Chavez did not return but walked south on De La Vina and turned right onto westbound Carrillo, away from Rhyne's stopped cab. After Rhyne's signal turned green, he drove through the intersection and pulled into a parking lot on the other side of Carrillo. There, Rhyne shouted and honked at Chavez to return to his cab. Chavez continued to stumble westbound on Carrillo, walking in the opposite direction of his home and toward the 101 freeway. After a few minutes of honking, shouting and waving, Rhyne believed that he saw Chavez turn to him and wave him off, indicating to Rhyne that Chavez no longer needed Rhyne's services. Rhyne then left Chavez and returned to the Uptown Lounge to tell Chavez' friend what had happened.

Shortly after Rhyne left Chavez, Chavez walked onto the 101 freeway and was struck by a motorist. He was killed instantly. Chavez's mother, plaintiff Ana Quintanar, sued Absolute Cab and its owners Rhyne, and Joshua Klein.

PLAINTIFF'S CONTENTIONS:
Decedent Chavez was a Santa Barbara High School star athlete, who continued to coach baseball at the high school after graduation. At the time of his death, Chavez was enrolled in junior college, worked as a waiter, lived at home with plaintiff and his family, and provided caregiver services for his autistic brother.

Plaintiff claimed that Absolute and its driver were "common carriers" that had a duty to provide the utmost care for Chavez and to take affirmative steps to ensure his safety. Rhyne should have taken Chavez home, and if Chavez elected to get out of the cab before then, Rhyne had a duty to take reasonable steps to get him back in the cab. If Chavez refused to return to the cab, Rhyne should have called the police. Police officers testified that if they had received such a call, they would have responded to check on Chavez and that such a response would have prevented this accident.

DEFENDANT'S CONTENTIONS:
Defendants argued that although they had a duty to use the utmost care to protect Chavez from foreseeable harm, that duty ended when Chavez chose to exit the cab and then chose not to return despite reasonable efforts made by Rhyne to have Chavez return to the cab. Since Chavez was not ejected from the cab, there was no ongoing duty to do anything more such as chase after Chavez or call the police. Defendants argued that Chavez was left in a reasonably safe location, even in his state of intoxication, and that Chavez' own bad decisions were the only substantial factors leading to his death.

Settlement Discussions

Plaintiff made a CCP 998 demand for $1.5 million before trial, reduced to $1.4 million during trial. Defendants offered $25,000 at mediation, increased to CCP 998 for $150,000 before trial, increased to $575,000 during trial.

Damages

Plaintiff claimed loss of care, comfort and society that plaintiff valued at $8 million, as well as loss of household services that plaintiff valued at $125,000, and funeral expenses of $22,600, which was not disputed.

Result

Defense verdict. The jury found that although Thomas Rhyne and Absolute Cab were negligent, any such negligence was not a substantial factor in causing harm to plaintiff.

Other Information

The motorist who hit Chavez did not stop and fled the scene. Debris left at the scene helped police identify and arrest the hit and run driver, Lau Van Huynh, weeks after the accident. Huynh pled guilty to felony hit and run and is serving three years probation for this crime. EXPERT TESTIMONY: Plaintiff's expert argued that defendant Rhyne failed to meet the standard of care of a common carrier with the utmost duty of care requirement. He should have taken Chavez home. He should not have let Chavez out of his cab under the circumstances, and once he did he also failed to take reasonable steps to get him back in the cab. He should have waited longer, communicated better, followed Chavez, and if all this failed, called the police. Defendants' expert argued that the duty of the cab driver to Chavez ended when he chose to get out of the cab where, when and how he did. There was no ongoing duty owed to Chavez since Chavez was not ejected from the cab. MEDIATOR: Hon. Elinor Reiner, ret. FILING DATE: May 14, 2013.

Deliberation

eight hours

Poll

10-2 (that defendants Thomas Rhyne and Absolute Cab, LLC were negligent) 10-2 (that Thomas Rhyne and Absolute Cab, LLC negligence was not a substantial factor in causing plaintiff's harm) 11-1 (that defendant Joshua Klein was not negligent)

Length

11 days